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How Are Rear-End Collision Settlement Amounts Determined In Illinois

Harvey L. Walner & Associates, Ltd.
Harvey L. Walner & Associates, Ltd.

March 23, 2014

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The rear-end collision is the most common type of car accident, and in Illinois, there is a legal presumption that the driver of the vehicle that rear-ends the other vehicle is at fault. However, you may still be able to recover compensation if you rear-ended someone, and you cannot assume that your case is a slam-dunk if you were the one who was rear-ended.

Calculating Damages

Damages are your expenses and other losses.

Economic damages include your medical expenses, lost wages, and lost earning capacity. This includes existing economic damages and estimated future damages.

Non-economic damages include harm such as pain and suffering, emotional anguish, loss of enjoyment of life, and disfigurement. These are types of harm that do not have a specific price tag attached to them.

If You Were Partly to Blame

You can sue for your Illinois car accident injuries as long as you were no more than 50% at fault. Your compensation is reduced by you percentage of fault, so if you damages were $100,000, and you were 25% to blame, you would still be able to recover $75,000 in court.

Settlement Negotiations

A settlement is a compromise, in which you accept less money than you could potentially win in court, but avoid the time, expense, and risk of taking your case all the way through jury trial. How much you can receive in a settlement agreement depends primarily on how well your Chicago car accident lawyer prepares your case, and your attorney’s negotiation skills. In most cases, a favorable settlement can be reached without having to go to trial.

If you have questions about rear-end collisions in Illinois, call us today at (312) 313-2888

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